Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Court to pass an order on the application for interim injunction having regard to following factors - (i) Prima-facie case (ii) Balance of convenience of the parties (iii) Irreparable injury which might be suffered by the plaintiff if injunction refused (iv) Contention of the plaintiff must be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendants restrained from construction, alienation or altering the nature of the suit properties - Suit property commercial in nature - Share of plaintiff not more than 1/8th in the suit property - Due to injunction defendants not able to enjoy fruits of development agreements - Properties neither..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, 1963, Section 57 - Marine Hull Insurance Policy - Deep Sea Fishing Trawler - Actual Total Loss - Insurance claim - Repudiation - The vessel is damaged in such a way that it stranded in the sand in the beach so that it could not be moved out of it - It is damaged to such an extent that the..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Obituary publication - In the obituary with regard to death of his father published by respondent, the name of complainant's sister and her husband were inadvertently omitted - When brought to the notice of respondent, the respondent published their name on the next day in the obituary column but no regrets published for..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Ss.2(21), 2(33) and 2(47) - Light Motor Vehicle - Tata sumo - Insurance claim - Repudiation - Ground that Tata Sumo would fall in the definition of transport vehicle whereas the driver had licence to drive car and scooter - The vehicle was a private vehicle and used for the private purpose by owner..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction after partition of land among co-sharers - Land finally partitioned by AC Ist - Suit for permanent injunction restraining from raising construction over partitioned land - After partition of land by a valid order, land not joint - No injunction can be granted restraining construction over land...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Fire accident - Consignment damaged - Surveyor appointed - Claim settled by paying the amount to second appellant after obtaining a `Letter of Subrogation', `Assignment' and `General Power of Attorney' - Complaint by insurer - Contention that complaint is maintainable in a consumer case based on the `Letter of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case in favour, Balance of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 2 -- Divorce - Wife leading evidence on a point which was not pleaded in her written statement - Proof which is beyond pleadings cannot be taken into consideration and hence rejected...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - All issues framed and tried together - In such a situation it is not open to Court to first decide issues of law and thereafter to proceed to decide other issues - Court to decide all issues together and judgment in suit as a whole to be pronounced covering all issues framed in the suit...........
